Motive and purpose of criminal and illegal behavior during desertion
Abstract
The article analyzes the issue of the motive and purpose of criminal and unlawful behavior in desertion. Special attention is paid to the commission of the analyzed criminal offense by military personnel. The main conditions and reasons that resulted in the commission of desertion are indicated. Clarification of the specified conditions and reasons will provide an opportunity to more deeply study the very nature of the analyzed military criminal offense. Attention is focused on the constant development, change and transformation of the motive, which has a subjective-objective nature. It is indicated that the criminal and unlawful behavior of a person contains various motives, among which the most dominant are benefit, revenge, the desire to show an apparent superiority over other military personnel, etc. However, all of them do not yet reveal the entire set of reasons for the criminal offense. The purpose of desertion is analyzed and its organic relationship with the motive is emphasized. Motivation is a direct subjective cause of criminal and unlawful behavior, but it accumulates the entire set of objective reasons, specifically manifested through the prism of the motivational sphere of the offender. The possible consequences of the committed criminal offense are analyzed, where a person (military serviceman) may experience a feeling of remorse, fear for his future, etc. In such a situation, a person begins to realize the results of the planned and achieved, desired and actual. It is noted that the goal of the analyzed criminal offense is the final result of the person’s illegal activity, since he strives to achieve it. The goal of the criminal offense can affect its qualification and individual institutions of criminal law. The distinguishing features of desertion from the unauthorized abandonment of a military unit or place of service are indicated (Article 407 of the Criminal Code). It is proposed to supplement the objective side of the criminal offense provided for in Article 408 of the Criminal Code with the term «absolutely», which will be logical from the point of view of the goal.
Fields of Study & Subjects
Criminal Law and Policy
Ukrainian Legal and Forensic Studies
War
Law
and Justice
Publication details
- Journal / source
- Legal Ukraine
- Publication date
- 1 February 2026